if magistrate refuses to accept applications from pleader during hearing , what can the pleader do to assure that refusal becomes part of record in proceedings for help in revisions and appeals ?
Sanjeev Kuchhal (Publishers) 25 October 2009
I think that the said refusal has to be recorded in the roznama which is to be maintained as per the Criminal Manual.
Roznama is to be maintained in conformity with the Criminal Manual. As per the Criminal Manual the object of Roznama is to show in concise form the proceedings taken in each case with reference to each date fixed therein. It is to be a faithfully history of the case and must contain a correct list and description of the exhibits.
Adv Archana Deshmukh (Practicing Advocate) 25 October 2009
Generally a magistrate won't do so. He may reject the application, but he won't refuse to take it on record and exhibit it. If this happens then make request to the court that the court may reject the application if it thinks fit, but the application be taken on record.
N.K.Assumi (Advocate) 25 October 2009
Dear Sanjeev, where can I get the copy of the Criminal manual. I want a copy of that Criminal Manual.
SANJEEV KUMAR (STUDENT) 25 October 2009
normally court manual is available on court websites. Delhi court manual is available on delhicourts.nic.in and all court manuals are more or less same
Arvind Singh Chauhan (advocate) 25 October 2009
I think it is malpractice adopted by learned magistrate. You through your Bar association must complain to higher authorities. The magistrate's such action is self contempt of court because you have afiixed the court fee already and he can't refuse to take it. I think one option is also avialable to you that, what you are going to file, send it with proper address and reference of the matter to the same court with registered post and acknoledgment.
Sachin Bhatia (Advocate) 26 October 2009
Normally magistrate did not do so. He may reject the application, but he did not refuse to take it on record. You can take this matter to your local Bar association.
PALNITKAR V.V. (Lawyer) 29 October 2009
Yes many times it happens that applications are not accepted and the advocates and clients look helpless. But such issues have to taken by the local bar association. The Bar members should meet the concerned magistrate/judge and ask him to accept the applications and pass suitable orders. The magistrate/judge should be warned that if he continues with the practise, a complaint will be lodged with higher authorities. I think this should work !
Anil Agrawal (Retired) 29 October 2009
If magistrate is amenable to reasoning, why would he do it? If a complaint can be lodged to higher judiciary, it should be done straightaway. The magistrate is misusing his power and there is no point in meeting him.
sunil pagare (lawyer) 26 November 2009
It is duty of the magistrate to accept all application, he has no right to refuse it. you can complain against him to the High Court.
S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 27 November 2009
Rashi, the High Courts frame Criminal Rules of Practice to be followed by criminal courts. Generally the Rules prescribe that all petitions must be presented in court in person [either by the party appearing in person or through pleader]; in case the Magistrate indeed refuse to make a record of having presented an application, try sending it by registered post if your Criminal Rules of Practice does not prohibit such presentation. A copy of the letter may be addressed to the District Judge to whom the Magistrate is subordinate so that the Magistrate may be advised by the District Judge to avoid such practice in future. You may also lodge a complaint to the District Judge or to the Registrar General of the High Court.
R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 07 December 2009
I agree with Sachin Bhatia, Generally Magistrates in Judicial dosent refuse any applications filed by the councils, May be it happens in Quasi judicial courts, But till today I havent come accrose with such a problem.
P.K.Haridasan (Advocate) 11 April 2010
It is sometimes happens. Courts will throw the petitions without accepting or refusing or writing the grounds. In such cases the party will have to approach higher courts with an affidavit and the petition.